School History of North Carolina Part 55

8. What is a Const.i.tution? Answer--" The principles or fundamental laws which govern a State." Another definition is: "The body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised."

9. Is the Const.i.tution of North Carolina the highest law?

Answer--No; the Const.i.tution of the United States, and the laws of the United States pa.s.sed in pursuance thereto, are the supreme law.

10. Is the Const.i.tution of North Carolina higher than the Acts pa.s.sed by the General a.s.sembly? Answer--Yes; acts contrary to the Const.i.tution are null and void.

11. Who decides whether acts are const.i.tutional and binding or not? Answer--The Courts.

12. Give a simple explanation of the Const.i.tution of North Carolina. Answer--It is a written doc.u.ment in which the people of North Carolina have laid down their plan of government of the State. It designates what officers are to make the laws, what officers are to interpret the laws, and what officers are to enforce the laws. It lays down laws for the guidance of these officers. If any officer acts contrary to it he is liable to punishment: It is the organic or fundamental law--the foundation stone on which our State government rests. It guards and enforces the liberties of the people. If officers are allowed to disobey it, our liberties will be in danger. Hence every citizen should understand it, so that he may watch the officers and hold them to their duties.

13. Can it be changed? Answer--Yes; the people of the State can change or amend it. The manner in which the people can change it is prescribed in the Const.i.tution itself, as will be seen hereafter.

14. Can it be changed in any other way? Answer--Yes; if an amendment to the Const.i.tution of the United States, contrary to any provision of the State Const.i.tution, is made according to law, the latter must yield.

PREAMBLE.

1. Who made the Const.i.tution?

2. For what purpose was it made?

3. Is there recognition of G.o.d in it?

4. For what blessings is grat.i.tude to G.o.d expressed?

ARTICLE I.

DECLARATION OF RIGHTS.

1. For what purpose is this declaration made?

2. What fundamental truths are declared? Section 1. * (NOTE-- Most of the language of this section is taken from the Declaration of Independence).

3. In whom is political power vested? Section 2.

4. For what good is government inst.i.tuted? Section 2.

5. Who has the right to regulate the State government? Section 3.

6. Under what circ.u.mstances can the people change the form of government? Section 3.

7. Are the people under any restrictions in changing the form of government? If so, what? Section 3.

8. Has the State the right to secede from the Union? Section 4.

9. Is the American Union a confederacy of States, or a nation of the people of the States? Section 4.

10. Is this State bound to prevent other States from seceding from the Union? Section 4.

11. Is our allegiance first due to the United States or to North Carolina? Section 5.

12. Can the General a.s.sembly or a Convention of the people release us from our primary allegiance to the United States?

Section 5.

13. Can the State pay a debt incurred in rebellion against the United States? Section 6.

14. Can such a debt be collected in our courts? Section 6.

15. Does this prohibition apply to past as well as future debts?

Section 6.

16. Can the State pay for emanc.i.p.ated slaves? Section 6.

17. What debts are forbidden to be paid or a.s.sumed in any way unless by a vote of the people? Section 6.

18. What majority must be had to sanction such payment or a.s.sumption? Section 6.

19. Is there no exception to this? Section 6.

20. Can this vote be taken at a special election? Section 6.

21. By what name are most of the bonds mentioned in the answer to question 17 known? Answer--Special Tax bonds.

22. Was this prohibition in the Const.i.tution of 1876? Answer-- No; it was inserted by amendment submitted to the people by the General a.s.sembly of 1879, and adopted by the people in 1880.

23. What provision in regard to exclusive emoluments and privileges? Section 7.

24. What provision in regard to the legislative, executive and judicial branches? Section 8.

25. Can the Governor or Judges suspend laws? Section 9.

26. Who can suspend laws? Section 9.

27. What provision about election? Section 10.

28. What rights has one who is charged with a crime? Section 11.

29. If acquitted, does he pay the costs of his own witnesses, &c. ? Section 11.

30. What modes of prosecution are prescribed? Section 12.

31. By whom must conviction be made? Section 13.

32. Where must the verdict be rendered? Section 13.

33. What right has the Legislature in regard to petty misdemeanors? Section 14.

34. Can those accused of petty misdemeanors be utterly deprived of right of trial by jury? Section 13. Answer--No; they must have right of appeal and thus getting a jury.